Alameda voters may see companion to park measure

The City Council is set to decide Tuesday whether to place a citizen-sponsored initiative on the November ballot that will permit only park development at Neptune Pointe – along with a companion measure that staffers say is intended to shield the city from costs associated with any lawsuit that might be filed if the open space measure succeeds.

If it’s placed on the ballot and okayed by voters, the city-sponsored “Alameda Open Space Fiscal Responsibility Measure” would permit the council “to take such measures as are necessary” to protect the city’s finances should Alameda be sued as a result of the Crab Cove open space expansion initiative’s success. The proposed fiscal responsibility measure doesn’t specify what actions the council could take if the city is sued or if it loses a lawsuit.

The city-drafted measure would go into effect if the city is sued within 120 days of the open space initiative becoming effective and would keep the council’s actions in place until voters approve taxes to pay off any judgment against the city or someone else buys the property.

An impact report sought by council members concerned the city may be sued if the open space initiative passes confirms the city could face a lawsuit if the zoning is changed – a move that could reduce its value because it would prohibit more lucrative housing development from moving forward.

The property is already the subject of two lawsuits, with a third on the way. City Attorney Janet Kern said she couldn’t comment on whether anyone has threatened to sue if the open space initiative succeeds.